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What a New Florida Bill Could Mean for Your Orlando, Florida Area Divorce or Custody Case

Full Title: What Will it Mean to You During Your Orlando, Florida Area Divorce or Custody Case if Governor DeSantis Signs into Law the Bill Doing Away with Permanent Alimony and Instating a Presumption of Equal Time Sharing is in the Best Interest of the Child? 

The Florida House and Florida Senate recently passed a bill to do away with permanent alimony and instated a presumption that equal time sharing is in the best interest of the child in custody and divorce cases. This bill will become law if Governor DeSantis signs it into law. 

What it Means for You

What does that mean to you if you are planning to divorce? If the governor signs the bill into law, then if you are someone in a long-term marriage who is raising or has raised the children and was a stay-at-home mother, then it is not good for you. If you are the primary breadwinner in the family of a long-term marriage, then it is good for you. 

The current law regarding alimony is as follows: in a short-term marriage of less than 7 years, the presumption is that there will be no alimony. In a marriage of 17 years, a moderate term marriage, it depends on the factors in Florida Statute 61.08(2) and case law. For a marriage of 17 years or longer, there is a presumption of permanent alimony. 

Durational Alimony

If the bill is signed into law by Governor DeSantis, then Permanent Alimony will be abolished. So, for example, if you were married 18 years, there would have been a presumption that you would receive permanent alimony. However, that would now change. Under the new bill, you could only receive durational alimony in lieu of permanent alimony.

Durational alimony would be awarded for half of the length of the marriage for marriages between three and 10 years, 60% of the length of marriages between 10 and 20 years; and 75% of the length of marriages that lasted 20 years or more. So, if you were married for 18 years, you would get alimony for 60 percent of 18 years, which is 10.80 years. Under the new law, durational alimony would be to the recipient’s reasonable needs or 34 percent of the differences in income, whichever is less. 

Timesharing Presumption

Further, the new law presumes there will be a presumption that 50/50 timesharing is in the best interest of the child. That is not the case currently. There is no such presumption at this time. That means the judge would start their analysis that each parent has the child 50 percent of the time. If you disagreed with that, you would have to put on evidence to rebut that presumption. 

We will wait and see if Governor DeSantis signs this bill into law. However, this is something to consider if you are about to begin a custody battle or highly contentious custody battle in a divorcee case. You can read the bill online to learn more.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.